VIJAYAMANI v. BHARATHI AMMA VILASINI AMMA
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BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), SRI.A.R.DILEEP, SRI.MANU SEBASTIAN. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.3992/2012-O: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE DECREE IN O.S.NO.484/1964 DATED 14.9.1996. EXHIBIT P2: TRUE COPY OF THE SKETCH PREPARED BY THE COMMISSIONER IN THE FINAL DECREE. EXHIBIT P3: A TRUE COPY OF E.P.NO.347/2009. EXHIBIT P4: A TRUE COPY OF E.P.NO.240/2009. EXHIBIT P5: TRUE COPY OF THE OBJECTION. EXHIBIT P6: TRUE COPY OF E.A.NO.455/2011. EXHIBIT P7: TRUE COPY OF JUDGMENT DATED 20.9.2012 IN OPC NO.3153/2011. EXHIBIT P8: TRUE COPY OF JUDGMENT DATED 17.10.2012 IN OP (C)NO.3470/2012. EXHIBIT P9: TRUE COPY OF THE REPORT DATED 19.10.2012 SUBMITTED BY THE AMIN. EXHIBIT P10: TRUE COPY OF THE REPORT DATED 19.10.2012 SUBMITTED BY THE SURVEYOR. EXHIBIT P11: TRUE COPY OF THE REPORT DATED 25.10.2012. EXHIBIT P12: TRUE COPY OF THE JUDGMENT DATED 12.11.2012 IN OP(C)NO.3792/12. EXHIBIT P13: TRUE COPY OF JUDGMENT DATED 6.3.1991 IN S.A.108/86. EXBIBIT P14: TRUE COPY OF E.A. NO.682/2012 IN O.A. NO.484/1961 OF THE MUNSIFF'S COURT, NEYYATTINKARA. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE Prv. V. CHITAMBARESH, J -------------------------------- OP(C) NO. 3992 OF 2012 ------------------------------------ Dated this the 28th day of November, 2012 JUDGMENT The manner of execution of the decree in O.S. No. 484/1961 on the file of the court of the II Additional Munsiff of Neyyattinkara is covered by the judgment in OP(C) Nos. 3153/2011, 3470/2012 and 3792/2012. It is now reported that delivery of the property has already been effected as directed on 26.11.2012 even though full satisfaction is yet to be recorded.
2. The petitioner however asserts that there has been an excess delivery and has already preferred E.A. No. 682/2012 in E.P. No. 240/2009 in O.S. No. 484/1961 in the court below. Needless to say that the said execution application requires to be dealt with under Section 47 of the Code of Civil Procedure since the issue relates to the execution discharge or satisfaction of the decree. OP(C) No. 3992/2012 2
3. The execution court shall dispose of E.A. No. 682/2012 in E.P. No. 240/2009 within a period of six weeks from the date of receipt of a copy of this judgment. No further directions are called for and the Original Petition is disposed of. V. CHITAMBARESH JUDGE